Current US and EU secondary liability standards do not address all factors to trigger liability. This influences legislation and case law, setting an uncertain secondary liability outcome of IP infringement cases against Internet Intermediaries’. I suggest that tort law can tackle this problem.
Legislative enactments and court decisions, together with social-historical events, provide the causal mechanisms that enable scholars to trace the evolution of ownership paradigms in different jurisdictions. In addition, shifts in ownership paradigms result from the circulation and flow of legal...
It is, I think, fair to say that Brexit is not going well. Some even think that it is a ‘complete and unmitigated mess’. No doubt at least in part for this reason, there has been a flurry of commentary arguing that such momentous a decision should not have been taken by way of referendum (for a...
Unlike other sectors, improvements in Genetic technology raise issues of morality. The new human gene editing technology CRISPR/CAS9 has raised many such concerns. Can the current patent system deal with these concerns or should morality be dealt with by the inventors themselves?
The need to guarantee the free flow of information in a Big Data economy forces us to re-think Intellectual Property Rights and find an appropriate balance between competition, innovation, privacy and incentives.
With or without the UK, the EU will try to find a way to implement the UPC as it has invested considerable time and efforts knowing the benefits it will bring; however, the fate of the Agreement could be decided on judicial grounds instead of political ones.
Flashy guys who work on the Zuidas, live in luxury penthouses and tear around in the latest Teslas and Jaguars – and all at the expense of ‘the ordinary man’ who they laughingly charge exorbitant hourly rates. This image of lawyers appears to be fairly persistent. But it has very little to do with...
The European Union (EU) faces challenges after the results of the United Kingdom (UK) European Union membership referendum that was held on June 23, 2016. Yet, Brexit is not the first challenge faced by the EU. Three points invite for reflection on Brexit and the future of the EU.
Fred Rodell, the once revered Yale Law School professor and the “bad boy of American legal academia” wrote that “[t]here are two things wrong with almost all legal writing. One is its style. The other is its content.” His harrowing words acutely capture my conflicting relationship with (legal)...
As you may remember: in April 2016 the majority of the voters voted 'no' against the ratification act of this association agreement. According to the referendum a legislative proposal is needed as soon as possible in which the effects of the referendum will be arranged. (Dutch only)
